Only questions of law, not technical issues (e.g. T 287/11: the interpretation of technical features of a specific claim; T 181/82: whether the person skilled in the art can understand the technical content of a prior art document; see also T 1798/08) may be referred to the Enlarged Board. Similarly, in T 118/89 the board stressed that only questions of law, not questions of fact may be referred.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_b_2_3_4.htm
Date retrieved: 17 May 2021